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Implied Divorce Or Keenaya
I have read some questions on various websites about the issue of implied or Keenaya divorce. Is this valid as per Quran and Sunnah? Some say if husband even said “Leave the house” or “go to your parents” then divorce can take place if the intention was there. This type of statements do come out in anger when couples fight so does this mean that divorce takes place even though husband never used the explicit words of divorce? Also if it can happen and is valid than what if husband did not even have knowledge that divorce can take place like this since his knowledge was that divorce only takes place when declared verbally (in clear words) or in writing etc. Also if this type of divorce can be valid then what is meant by husband’s intention at the time of making an implied statement? Does it mean that he basically intended issuing an actual divorce at the same moment in time as when he made an implied statement. So if his intention was to issue divorce at some later time (not at the same time when he made that statement) and then he changed his mind (so he never carried out the intention since circumstances changed) then will any of those implied statements mean that divorce has taken place? What about if he is unsure about his intention since several months have elapsed since such an event occured in his life. So he is not clear what was his intention since he did not know that divorce can happen like this and now just read about this type of divorce and is really worried whether his marriage is valid or not?
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